FISCAL NOTE

Senate Bill 170 as passed the Senate establishes a discipline procedure for members of local school boards, including removal from the board, for a board member accused of neglect of duty or willful misconduct. This bill allows the State Superintendent of Education to set annual training requirements for local board members with compensation being withheld until the board member satisfies the training requirement or a waiver is granted; and compensation shall be forfeited if a board member is out of compliance at the end of their term or service on the board. This bill provides that the State Superintendent of Education shall report any local board member that fails to complete the training requirements to the State Board of Education and post the names on the SDE website until the member is in compliance or a waiver is granted.

Further, this bill provides for a hearing process, when necessary, conducted by a 3-member peer review panel who shall be reimbursed for actual mileage and reasonable expenses which could increase the obligations of the State Department of Education by an undetermined amount dependent upon (1) the number of panel hearings conducted, and (2) the actual mileage and expenses incurred by each panel member. This bill allows the State Superintendent of Education to appoint an attorney experienced in education law to investigate and present evidence to the peer review panel. In addition, this bill provides that panel hearings are confidential until the matter is disposed of by the State Board of Education; and a transcript or recording shall be prepared for panel hearings, which could increase the obligations of the State Department of Education by an undetermined amount dependent upon the number of panel hearings conducted.